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12-19-1995 CC
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12-19-1995 CC
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MV City Council
City Council Document Type
City Council Packets
Date
12/19/1995
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(I) Written Records of Observations. A written record shall be made of the <br /> observations leading to a controlled substance reasonable suspicion test, and <br /> signed by the person who made the observations within twenty-four(24) hours of <br /> the observed behavior or before the test results are released, whichever is earlier. <br /> 4. Post Accident Testing <br /> (a) Drivers Tested. As soon as practical following an accident involving a commercial <br /> vehicle, the City shall test for alcohol and controlled substances of each surviving driver: <br /> 1. Who was performing safety sensitive functions with respect to the vehicle, if the <br /> accident involved the loss of human life; or <br /> 2. Who receives a citation under State or local law for a moving traffic violation <br /> arising from the accident; or <br /> 2.a If a disabled vehicle(s) need(s) to be towed from the scene; or <br /> 2.b. Injured individual(s) are in need of immediate medical care away from the <br /> scene. <br /> 3. The City may also test under the City of Mounds View Drug and Alcohol Testing <br /> Policy. <br /> (B) Alcohol Tests. If a test is required by this section is not administered within two <br /> (2) hours following the accident, the City shall prepare and maintain on file a <br /> record stating the reasons the test was not promptly administered. If a test request <br /> by this section is not administered within eight(8) hours following the accident, <br /> the City shall cease attempts to administer an alcohol test and shall prepare and <br /> maintain the same record. Records shall be submitted to the FHWA upon request <br /> of the Associate Administrator. <br /> (C) Controlled Substance Tests. If a test required by this section is not administered <br /> within 32 hours following the accident, the City shall cease attempts to administer <br /> a controlled substance test, and prepare and maintain on file a record stating the <br /> reasons the test was not promptly administered. Records shall be submitted to the <br /> FHWA upon request of its Associate Administer. <br /> (D) Readily Available. A driver who is subject to post-accident testing shall remain <br /> readily available for such testing or may be deemed by the City to have refused to <br /> submit testing. Nothing in this section shall be construed to require the delay of <br /> necessary medial attention for injured people following an accident or to prohibit <br /> a driver from leaving the scene of an accident for the period necessary to obtain <br /> assistance in responding to the accident, or to obtain necessary emergency <br /> medical care. <br />
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